Do you qualify for an H-1B Visa?

Profile Evaluation:  Do you qualify for an H-1B Visa?
Education & Experience
Do you have one of the following?
- A relevant Bachelor's degree or higher (or the foreign equivalent degree from your home country) from an accredited college or university; or
- 12 years of relevant work experience in the job being offered; or
- A combination of further education, plus work experience

Note: Applying for an H-1B Visa Without a Bachelor's Degree
It is possible to apply for an H-1B visa without holding a Bachelor's degree. To do so, you must either:
• Hold a professional unrestricted license or certification in your specified field that authorizes you to work in the job position. The license or certification must be valid in the state where you plan to work, and you must currently be working within your field of expertise. Or,

• Have an equivalent amount of training, work experience, or education equal to a US Bachelor's or higher degree. You must have been recognized as having expertise in your field, shown by position advancement and increased responsibility. Typically, 3 years of work or specialized training is considered equivalent to 1 year of college education.
Are you fully qualified to lawfully perform the duties of the position offered?
- Do you have a license or professional credentials, if required? (Applicable to Doctor, Nurse, Occupational Therapist, Physical Therapist, Lawyer, and Teacher or any other occupation requiring license)
Job Offer
Is the employment offered on a full- or part-time basis?
Is the employment located within the United States?
Is there an employer-employee relationship, indicated by the fact that the employee may be hired, fired, paid, and supervised by the employer?
Is the employer ready to pay the prevailing wage?
Has the employer filed or ready to file a Labor Certification Application (LCA) affirming that it will pay you the prevailing wage for the occupation?
Specialty Occupation
Is the employment offered in a specialty occupation?
- Does the occupation require a theoretical and practical application of a body of highly specialized knowledge?
- Is a Bachelor's or higher degree in the specific specialty or its equivalent a minimum requirement for entry into the occupation?
Is your occupation listed below? If so, the position likely qualifies as a “specialty occupation.”
• Software Developers
• IT professional
• Management Analyst
• Marketing Manager
• Accountant
• Financial Analyst
• Physical Therapist
• Occupational Therapist
• Engineer
• Doctor/Physician
• Manager
• Financial Manager
• Analyst
• Business Manager
• Sales Manager
• Art
• Entertainment
• Lawyer
• Architect
• Health Care professional
• Technician
Is an H-1B visa available at the time you wish to file your petition? If not
Is your H-1B sponsor cap exempt? Do they qualify for an exemption as a non-profit, government research laboratory, or university?

Are you applying for H-1B under terms of the US-Chile and US-Singapore Free Trade Agreements?
If you answered yes to all of the questions above, then you likely qualify for an H-1B Visa.  Please contact our office to speak with an experienced attorney who will evaluate your case and walk you through the application process.

Employee Steps:
- Find a U.S. employer who can offer you a job that meets all the H1-B requirements.
- Determine that you qualify for the job offered.
- Gather all of the required documents for the H-1B application.
- Have your future employer file the H-1B application on your behalf and wait for approval.
- Apply for your personal and family visas at the U.S. Consulate and wait for approval.
- Attend the H-1B interview at the U.S. Consulate, if required.
- Arrive in the United States and have your H-1B Visa stamped upon entry.
Employer Steps:
- Determine and compare the actual wage and prevailing wage for the future employee's position.

- File the Labor Certification Application (LCA) to the Department of Labor (DOL) and wait for approval.

- Perform the necessary U.S. recruitment efforts required by the DOL for the position offered.

- Wait the 30-day “quiet” or “hold” period.
- Ensure that the H-1B Visa quota has not yet been met for the year.
- Assemble and file the H1-B petition, along with the proper evidence and fees, for the future employee with the appropriate USCIS service office.
- Wait for the H-1B petition to be processed and approved.  
o Note:  This could take a few months if premium processing was not submitted or substantial need for the employee was not shown.
- Receive the receipt issued by USCIS with the 9-digit reference number and H-1B processing times.
- Generate and mail a notice to the future employee notifying him/her of the USCIS receipt.
- Receive the petition approval notice (Form I-797), showing dates of work validity for the future employee.

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